HomeWeekly News Roundup (20 February 2011)
Another week, another WNR, but not before I do my usual promotion of the January NPD US video game sales analysis post, apologise for still not writing the 2010 NPD year-in-review that I promised a month ago, and then blame it all on some game I’ve been wasting my time on (finished Fallout New Vegas BTW, now moved onto the new iteration of the classic timewaster, Civilization V, and also finally completing some unfinished business/achievements in Dead Rising). Anyway, regarding the January NPD figures, I mentioned that the Xbox 360’s success (most popular console again) is now largely to do with Kinect, but some other commentators have rightly pointed out that Microsoft spent half a billion dollars promoting the 360 and Kinect, so the small sales increase compared to last year has come at a high price, literally. However, it’s useful to point that that total retail spending on the Xbox 360 in January reached $551 million, so Microsoft can easily afford to splash the cash to promote Kinect.
Alright, let’s get to the news roundup, I’ve got the Americans civilization to destroy afterwards, having spent the last 20 years surrounding their territory with Giant Death Robots.
Starting with copyright news, isoHunt is the target of yet another lawsuit, this time by the record industry as it seeks $4m in damages, and the closure of the BitTorrent indexer.
BitTorrent indexers are an interesting category of websites. On one hand, they’re basically search engines, like Google or Bing. On the other hand, they mostly allow you to search for pirated content, and so while they do not host pirated content, they do provide the tools to be able to find and start downloading pirated content. And most of the torrents on these indexers are piracy related, that’s a fact that can’t really be denied. So it’s quite easy to see why the MPAA and RIAA like to go after indexer, and because isoHunt is located in a country that isn’t so far from the HQs of these two industry lobbies (it’s closer than Sweden, anyway), it becomes a natural target.
Decentralized indexing is the next big thing for BitTorrent clients, and it will make shutting down torrents much much harder
Indexers are really the last centralized system for piracy left, with everything else decentralized in an attempt to avoid being shutdown (magnet links, DHT …). The only thing left now is to make indexing decentralized too, and it’s only a matter of time before all the major torrent downloaders incorporate something this feature. An open sourced BitTorrent client with decentralized indexing like Tribler is something the MPAA and RIAA should be very afraid of because it will be almost impossible to shut down, but it’s exactly what their actions are driving users towards. But I think it will be good if we get to a point where Internet piracy cannot be stopped, because perhaps finally, the industry will wake up and find better ways to combat online piracy than lawsuit after lawsuit and government intervention.
Looking at a country where online piracy already seems impossible to stop, Spain, the government’s attempts to stop people downloading pirated content is meeting with heavy resistance since piracy has become mainstream. And even famous actors like Javier Bardem, who came out to support the government’s initiative, wasn’t spared from the public’s anger. Bardem was booed and had eggs thrown at him for supporting the government. But even some in the Spanish film industry are against the government’s plans to introduce tougher penalties for downloaders, including the president of the Spanish Film Academy, Álex de la Iglesia. Well former president, since he resigned his post to protest against the government’s actions. Iglesia says that innovation, not litigation or legislation, is key to fighting piracy. And that viewers, even those viewing pirated content, should be respected because they’re the only reason the film industry even exists. I think piracy being accepted as something mainstream isn’t actually a very good development, because I still believe creators should profit from their creations. And this is why innovation must come before other countries face the same fate as Spain, and I believe innovation can save the film industry.
And litigation may become a lot harder as courts start to question the very basis of copyright lawsuits that are based on IP address evidence. Former copyright law firm ACS:Law, who tried desperately to avoid having to go to court, is in court and the judge is asking all the wrong questions, from ACS:Law’s perspectives anyway. The questions being asked relate to the IP address, and whether this single piece of evidence is really enough for a copyright lawsuit. Finally, we have judge that appreciates the technical subtleties between an IP address and an actual unique identifier of a person, because as the judge rightly states, an IP address at best identifies the account holder of the Internet connection, not the actual downloader. There’s also the issue of IP addresses being spoofed, or more commonly, connections being used without authorization. The judge then asks about an unauthorized access to the ISP account, or even authorized access but unauthorized usage, and whether this falls under the authorization clause of copyright law. If you lend your car to someone who says he’s using it to go the store to get a few things, and then he goes and robs the store, are you an accomplice? The copyright lobby and law firms say so, the judge is not so sure.
And an update on a story reported here back in December, Matt Drudge of Drudge Report has settled with Righthaven over the unauthorized use a photo on the website. Righthaven had requested $150,000 in damages plus the seizure of Drudge’s domain names for the extremely naughty use of a single photograph on the website. No detail of the settlement has emerged, so it’s an unknown how much Drudge had to pay, or even if any payment was involved. My personal opinion is that Drudge should have put up much more of a fight, because the lawsuit is unreasonable in asking so much for a single photo. Had Drudge put up the same amount of resistance as fellow political website Democratic Underground, then perhaps the settlement wouldn’t have been necessary – Righthaven has tried to extract itself from the Democratic Underground lawsuit, fearing that they may actually have to go to court and face the same kind of questions that ACS:Law in the UK is facing (not to mention the extra cost, which goes against the business model).
Not much happening on the HD/3D front this week, so we’ll skip straight to the gaming section, which is good because all of the gaming stories are copyright related anyway.
The first news I posted for this last week was the Crysis 2 leak scandal. What happened was that someone, probably someone on the development team, leaked a pre-release version of the eagerly awaited Crysis 2 game, and of course, hours later, millions of people were trying to download it.
A almost full version of Crysis 2 has been leaked, but don't blame the pirates, blame the person who leaked it
EA, the game’s publisher, took the unusual step to address this issue in their blog, blaming it all on online piracy and pirates as you would expect them to do. But that’s like blaming the people who are reading the Wikileak leaks, as well as the people who published the leak cables, and not the actual person that leaked it. For me, this isn’t an issue about piracy at all, this is an issue about not protecting your products properly, and the fault lies with Crytek and EA. A lot of those that downloaded the pre-release version would still buy the game, and those that had already planned to buy or ordered, would still download just because it’s kind of cool to be able to get the pre-release version.
Despite EA’s blame game, PC piracy is actually decreasing, says the new president of the PC Gaming Alliance, Matt Ployhar. Ployhar says that it’s mostly due to new game design, where MMO games like WoW means that piracy really isn’t possible, and also value-added content and services. Steam is the example that I always go to, and it’s a good example of how innovation can work. I mean, this is a company that got into the PC game sales business when everyone was saying it was doomed, and they have flourished thanks to the very Internet that publishers were blaming for the industry’s demise. Things like showing off your list of games to friends, your achievements, the social aspect of gaming, value-added and exclusive content and features, and of course, reasonable pricing, all counts in the end. As for DRM? Ployhar is on the sidelines when it comes to whether publishers should deploy strong DRM or not. But he does say that many legitimate users do break DRM to get a better gaming experience, something I can personally attest to having used cracks to escape the need to insert the game DVD every time (which is why I now prefer Steam games, since you can get the same thing legally – plus the in-game browsing is a big plus point, considering how crap I am at most games and how much help I need during play).
And finally, an update on the PS3 Jailbreak situation. Sony has, as expected, started to ban those with hacked firmware on PSN. Harsh, perhaps, but hardly unexpected. I’m just surprised Sony didn’t insert a virus into hacked PS3s that make them blow up, because you know that was probably their first choice of action until their lawyers talked them out of it. With the PS3 coming last in console sales in the US yet again, Sony can ill afford to take the focus away from their upcoming games, and onto this legal mess. Although with that said, none of this is new. Microsoft went through this, so have Nintendo with all of their consoles, and Sony are really lucky that it hasn’t happened to them until now. What they shouldn’t do is to overreact, which let’s be honest, is something Sony are famous for. Unfortunately, launching the lawsuits and trying to sue those that even watched the hacking video on YouTube does seem like a typical Sony overreaction (although the hack itself is unprecedented, in its totality and completeness, but that’s Sony’s own fault for having crap security).
Alright, that’s another WNR done with. Back to Civ 5 and blowing the smithereens out of the American cities with my stealth bombers equipped carriers (yes, it is possible to have stealth bombers to be stationed on a carrier despite the game not allowing you to do it direct. Simply build a plain old bomber first, base it on a carrier, and then upgrade to a stealth bomber).